The Delhi High Court on Monday directed the Assistant Collector to withdraw his order directing the attachment of a widow’s pension account for the money her deceased husband owed to Jawala Cooperative Urban Thrift and Credit Society Ltd.
The bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued notice to the Assistant Collector (Grade -1), office of the Registrar Co-operative Societies, Government of NCT of Delhi, Indian Overseas Bank, and the Jawala Cooperative Urban Thrift and Credit Society Ltd. The Court has ordered that the Assistant Collector shall withdraw the impugned order within one week.
The Court further observed that it is not easy for an ordinary person to come to Court every now and then since they have to leave their other work aside.
The present petition is being filed assailing the order dated 25.02.2021 passed by the Assistant Collector (Grade -1). Office of the Registrar, Co-operative Societies, whereby the Respondent no.2- Indian Overseas Bank has been directed to attach the pension account of the petitioner to the tune of Rs 5,000 per month for the realization of monies owed by her late husband Sandeep Kumar Aliwal to Respondent no.3- The Jawala Cooperative Urban Thrift and Credit Society Ltd.
The aforesaid attachment of petitioners’ pension account was ordered to realize and execute the award dated 31.12.2014 passed by Mahendra Kumar, Arbitrator, Co-operative Societies u/s 71 of the Delhi Co-operative Societies Act,-2003, whereby an amount of Rs 2,10,710 with interest @13% plus penal @ 3% per annum from 01.11.2014 till the date of realization of the amount.
The Counsel on behalf of the Assistant Collector has prayed before the Court to grant one week’s time to withdraw the impugned order and probably he will not issue further orders.
The Counsel for the petitioner has submitted before the Court that the petitioner has to go again and again before the Registrar’s Court and request for issuance of Abeyance Notice as the assistant collector keeps passing an order to the Bank and the Bank keeps freezing her account. They only issue Abeyance Notice till the further orders and the cycle goes on.
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The Court after going through all the facts and circumstances and submission made by the parties stayed the operation implementation and execution of the impugned order passed by the Assistant Collector.
The Court has issued notices to the respondents returnable on August 16.